31479 Camas Lane, Eugene, OR 97405

December 1, 2015

U.S. Department of Transportation
Docket Management System
1200 New Jersey Ave., SE
Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal
Aviation Regulations

Dear Madam, Sir,

Pursuant to Section 333 of the FAA Modernizati on and Reform Act of 2 012 (the “Reform Act”)
and 14 C.F.R. Part 11, So lmar Hydro Inc., an operator of the eBee Unmanned Aircraft System (“eBee”) seeks an exemption from the Federal Aviation Regulations (“FARs”) listed below:

14 C.F.R. 21 14 C.F.R. 61.133(a) (b) 14 C.F.R. 91.7(b)

14 C.F.R. 91.119 14 C.F.R. 91.151(a) 14 CFR Subpart E (91.401 - 91.417)

The requested exemption would authorize commercial operations using the eBee for aerial
mapping and survey applications. These operations will be subject to strict operating requirements
defined in the eBee user manual Solmar Hydro Inc requests the FAA treat the eBee training
program as proprietary under 14 C. F.R. 11.35(b) and does not include this document in the public
docket and conditions defined in the paragraph 3.

Solmar Hydro Inc was started in 2004 and is a Pacific Northwest hydrographic and marine
geophysical surveying and mapping firm. Our prim ary clients are within the private and public

sectors, and cover all 50 states including Hawaii, Alaska and the US Virgin Islands. SHI provides
remote sensing data in the offshore and inland navigable and non-navigable waterways for coastal
structure and erosion assessment, navigation clear ances, hydroelectric project re-licensing, outfall
routing and design, renewable energy development, seafloor hazard assessment, benthic habitat
delineation, riverine & estuary habitat restora tion, remediation and oil and gas exploration.

Solmar Hydro Inc seeks to use sUAS to efficien tly and safely map the terrestrial boundaries of
our in-water work and associated upland structur es (jetties, groins, revetments, spillways, dams,
etc). The eBee sUAS will be particularly usef ul providing topographic and aerial imagery datato supplem ent our bathymetric products and increase our abilities to provide complete analysis of
the aquatic and terrestrial built and natural environments.

1. CHARACTERISTICS OF THE AIRCRAFT

The eBee is a small (37.8 inches wingspan) and ultra-light (maximum take-off weight of 1.7 pounds) platform made of flexible foam that performs pre-programmed precision aerial mapping

missions thanks to the on-board GPS and the rela ted flight management software (eMotion) that allows the operator to plan safely and efficiently a mission in 3D, and then monitor it in real-time. Thanks to the embedded camera, protected by a foam envelope, the eBee takes a collection of high-definition still images that are used later to generate maps and contour lines of the surveyed

area.

The four main characteristics of the eBee are:

a. Very light weight

The eBee is so light that the operator can launc h it by hand and let it land on almost any surface without requiring a parachute or landing net (belly land). Its low impact en ergy (38 J in case of a controlled emergency landing) also significantly reduces the risk of hazardous situations. Finally, the wings of the eBee are detachable and made of flexible foam with no sharp or hard edges and almost no internal strengthening structure.

b. Electric-powered

The eBee is electric powered. A brushless engine technology makes it silent and reliable. The propeller is attached with a rubber band to the body of the plane so that it can easily flex away in case of contact with any object.

c. Semi-automatic flight

The artificial intelligence incor porated within the eB ee autopilot system continuously analyzes

data from the Inertial Measurement Unit and from the onboard GPS and takes care of all the aspects of the flight under the supervision of the operator.

d. Option for Manual control

Additionally, the eBee provides an override capability that allows the operator to take manual actions during the flight (Go to Home, Go Land, Hold and Resume the mission) and also suspend automated operations and take manual control of the aircraft should it become necessary to respond emergent circumstances, thanks to the remote controller provided with the system.

2. APPLICATIONS

Using the eBee’s sensor technology will provide Solmar Hydo Inc. with the ability to collect new and up-to-date imagery and elevation informati on. Once the area of intere st is flown, images collected during the flight are pr ocessed through Postflight Terra 3D software where they are merged together into a orthorec tified photo mosaic. The images are also processed to make a high resolution topographic model. The imagery and terrain info rmation collected by the sUAS is essential to creating basline maps to monito r for changes in the hydrology of estuary systemsand structural integrity.

The eBee will be us ed to collect inform ation used in the following activities:

Identification of routing oppor tunities and constraints

Site suitability evaluation

Materials inventory and monitoring

Site rehabilitation monitoring

Identification of natural resour ces such as wetlands, cultura l and biological resources

Development of a digital surface model to be used in project design and volumetric

estimates

Identification of slope and terrain impediments

Project as-built documentation

Project hazard identification and analysis

Often this type of aerial reconna issance is completed using manne d aerial vehicles . These flights

are expensive and pose some risk of injury an d/or death to the pilot, passengers, and ground

occupants. The eBee will not completely replace the need for this type of flight, but it will

provide the ability to collect this information in small areas at a lower cost and risk than a

manned flight or ground survey. This will provid e high quality information to the project team

where collection of this information was not feasible in the past.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness a ssessment of the eBee

Solmar Hydro Inc. notes that the airworthiness of the eBee has already been demonstrated for different projects in the United States, involving state/federal agencies or universities (among others the New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsuuas-flight-test-center-conducts-ebee-airworthiness-assessment , and the USACE New Orleans, who coordinated with the Department of Army a nd the FAA to obtain all authorizations required in order to operate the eBee UAS. Moreover th e eBee already received 15 Exemptions from the

FAA.

SenseFly also obtained flight approvals for the eBee (delivered by national civil aviation authorities) in many countries, among others:

Switzerland (flight approval for VLOS operations) Canada (flight approval for VLOS operations) Australia (flight approval for VLOS operations)France (flight approval for Extended-VLOS oper ations) Germany (flight approval for VLOS operations) United Kingdom (flight appr oval for VLOS operations) Norway (flight approval for VLOS operations) Sweden (flight approval for VLOS operations) Denmark (flight approval for VLOS operations)

b. Operating requirements

Grant of the exemption to Solmar Hydro Inc. fo r the eBee will be s ubject to the following operating conditions:

1. Operations authorized by this grant of exem ption are limited to the SenseFly eBee when weighing less than 55 pounds including payload. Pr oposed operations of any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and tele vision filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restric tion. In no case will the UA be operated at airspeeds greater than the maximum UA opera ting airspeed recommended by the aircraft

manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use hu man vision unaided by any device other than corrective lenses, as specified on the PIC’s F AA-issued airman medical certificate or U.S.

driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC al ways maintains VLOS capability. The VO and

PIC must be able to communicat e verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised doc uments to the Administrator or any lawenforce ment official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Offi ce (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical co mponent, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducte d by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable componen ts, items, or equipment. If the inspection reveals a condition that affects the safe opera tion of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follo w the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit require ments for the aircraft and aircraft

components.

12. Each UAS operated under this exemption mu st comply with all manufacturer safety

bulletins.

13. Under this grant of exemption, a PIC must ho ld either an airline transport, commercial, private, recreational, or sport pilot certifi cate. The PIC must also hold a current FAA

airman medical certificate or a va lid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possessi on, or the Federal government. The PIC must also meet the flight review requirements sp ecified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a ma nner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from pers ons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience-building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of th is exemption. However, training operations may only be conducted during dedicated trai ning sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.15. UAS operations m ay not be conducted duri ng night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rule s (SVFR) are not authorized.

16. The UA may not operate within 5 nautical m iles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Di rectory (AFD) or for airports not denoted with an ARP, the center of the airport sym bol as denoted on the current FAA- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to th e exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses it s GPS signal, the UA must return to a predetermined location within the private or controlled-access property.

19. The PIC must abort the flight in the even t of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a f light unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificat e of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO-issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that

cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with th is exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure th e safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at

the Ground Control Station of the UAS an y time the aircraft is operating. These

documents must be made available to the Ad ministrator or any law enforcement official

upon request.

24. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

25. The UAS may not be operated by the PI C from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that su fficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are withi n 500 feet of the UA, flightoperations must cease immediately in a m anne r ensuring the safety of nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC ha s made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essentia l persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) with in 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the

NTSB Web site: www.ntsb.gov

.

3. CONCLUSION

Solmar Hydro Inc. is seeking this exemption so that we can use the SenseFly eBee sUAS for
commercial operations. This sUAS provides a more cost effective and safe means of aerial
photography data collection which in turn allows Solmar Hydro Inc. to provide projects and

clients with this information to make better de cisions and designs in a more timely and accurate

manner.

Approval of this exemption provides Solmar Hydro Inc. the opport unity to use existing
technology to provide the best produ ct and service possible. It also allows Solmar Hydro Inc. to
contribute to the development of an innovative and rapidly developing market.

Please do not hesitate to contac t me if you have any questions.

Yours sincerely,

Michael Stecher

President/Owner Solmar Hydro Inc.

mike@solmarhydro.com (206) 200-8269ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

POWER requests an exemption from the follo wing regulations as well as any additional regulations that may technically a pply to the operation of the eBee:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates
14 CFR § 91.203(a)(1)

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a). Given the size of the eBee, its very light weight (the maximum ta ke-off weight is 1.7 pounds) a nd the limited operating area

associated with its utilizati on, it is unnecessary to go through th e certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the re quirement for an airworthiness certificate, upon consideration of the size, weight, speed, opera tional capability, and proximity to airports and populated areas of the UAS involved. An analysis of these different criteria demonstrates that the eBee operated without an airworthiness certifi cate, under the conditions proposed in that exemption, will be at least as safe, or safer, th an a conventional aircraft with an airworthiness certificate. A proprietary risk assessment for oper ations with the eBee, which demonstrates that assertion, is also being submitted to the FAA as part of this application. POWER requests the FAA treat the eBee risk assessment as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket.

14 C.F.R. § 61.3: Requirements for certif icates, ratings and authorizations
14 C.F.R. § 61.113(a) & (b); 61.133(a): Private P ilot Privileges and Limitations; Pilot in
Command; Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country may be used.

The regulation provides also that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connec tion with any business or employment if:

(1) The flight is only incidental to that business or employment; (2) The aircraft does not carry passengers or property for compensation or hire.

Given the safety features of the eBee and the fact that the missions are pre-programmed and monitored in real-time with a sp ecific flight management software (eMotion), SenseFly proposesthat operators of the e Bee should not be require d to hold a commercial pilot certification. Instead, operators should be required to: Have a sport or recreational pilot license (at least) and have successfully passed a manufacturer’s training program for the eBee.

14 C.F.R. § 91.7(a): Civ il aircraft airworthiness

This regulation requires that no person may operat e a civil aircraft unless it is in airworthy condition. Should the exemption be granted allo wing commercial operati on of the eBee without
an airworthiness certificate, no st andard will exist for airworthine ss of the eBee. Given the size of the aircraft and the previous airworthiness assessments given to the eBee, among others:

New Mexico State University: https://newscenter.nmsu.edu/Articles/view/10208/nmsuuas-flight-test-center-conducts-ebee-airwor thiness-assessment

USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations required in order to operate the eBee UAS for levee system monitoring, documentation of construction progress, and extensive oblique photography

of USACE structures & activities

An equivalent level of safety will be achieved by insuring compliance with the SenseFly manuals prior to each flight.

14 CFR § 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or st ructure. Since the aircraft will be operating at a
maximum of 400 feet AGL, the eBee ca nnot comply with this requirement.

The equivalent level of safety will be achie ved because the eBee will only fly over private property with the permission of the landowner. Th e operator will define before every flight a working area radius and a flight area ceiling, preventing the eBee to go beyond the flight area. The landowner and the persons who may be on the ground in the flight area will be briefed of the expected route of flight and the associated risk s to persons and property on the ground. Due to the

small size of the eBee and the ma terial with which the eBee is built, the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in granting the exemption.

Moreover, the aircraft will not be operated over congested areas nor over any open-air assembly of persons. The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes.

Given the area of operation for the eBee, POWER believes that an equivalent level of safety is already achieved with the specific procedure prev enting the eBee to accept a take-off order is the battery level is below a given value. Moreover, SenseFly has integrated a “low” and “critical”battery warnings, and implemented a “return to Ho me” and “Go Land” actions in these situations.

14 CFR Subpart E (91.401 - 91.417) - Mainte nance, Preventive Maintenance, and

Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Para graphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.

POWER proposes that the maintenance of th e eBee will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly. POWER requests the FAA treat the eBee training program as proprietary under 14 C.F. R. 11.35(b) and not include this document in the public docket.

An equivalent level of safety will be achieved because the eBee is small in size, it is not a complex mechanical device, it will carry no external payload, and it will operate only in restricted predetermined areas. Moreover, the operator is the person most familiar with the aircraft and is

best suited to maintain the aircraft in an airwor thy condition and to ensure an equivalent level of safety. Finally, before every flight, the eBee runs automatically a sequence of pre-flight tests to make sure that every sensor and every critical pa rt is running properly. If a problem is detected,

the eBee will not be able to be switched-on and a me ssage error is displayed on the main screen of the flight management software . The operator can then refer to the maintenance manual to troubleshoot this issue. Several pa rts of the eBee are easily interc hangeable (propellers, wings), which allows the operator to make sure the wi ngs and propulsion system are always airworthy

when a mission is initiated.